Showing posts with label adversary. Show all posts
Showing posts with label adversary. Show all posts

Sunday, 7 January 2018

Whether admissibility of document in evidence is necessary for discovery of document?

 Nor do we think that the High Court was right in holding that the documents ordered to be discovered were not relevant to the injury. The documents sought to be discovered need not be admissible in evidence in the enquiry or proceedings. It is sufficient if the documents would be relevant for. the purpose of throwing light on the matter in controversy. Every document which will throw any light on the case is a document relating to a matter in dispute in the proceedings, though it might not be admissible in evidence. In other words, a document might be inadmissible in evidence yet it may contain information which may either directly or indirectly enable the party seeking discovery either to advance his case or damage the adversary's case or which may lead to a trail of enquiry which may have either of these two consequences. 

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 665(N) of 1972

Decided On: 19.07.1972

Shri M.L. Sethi Vs. Shri R.P. Kapur

Hon'ble Judges/Coram:
K.K. Mathew and P. Jaganmohan Reddy, JJ.

Citations: 1972 AIR 2379, 1973 SCR (1) 697
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